summary of Penal Code provisions of Article 19 of the deaf and dumb crime may be exempt from punishment, judicial practice in the deaf, however, only biometric standards, not reasonable at. Physiological barriers to organ not mitigate the responsibility of course, reason,air max 90, need to consider the behavior of people identify and control capabilities, and identification of the specialized agencies, to a lighter, or be exempt from punishment for the deaf. The
keywords deaf mute the Penal Responsibility ability legal capacity
CLC: OF BEIJING MANAGEMENT COLLEGE OF Document code: A Article ID | User Service | FAQ | Contact Us | 中文 Full-0592 (2010) 12-259-02
relief provisions of the Criminal Code of the deaf and dumb crime bear responsibility the
legal capacity depends on the normal mental condition as well as the degree of development of intelligence and knowledge. In general, reached adulthood before they have the capacity for criminal responsibility, but may also result in important physiological functions (such as auditory, language can, depending on the energy, etc.) loss due to congenital disease or environmental factors acquired, which can affect their access to education learning knowledge and developing intellectual level,Nike Free 3.0, and thus affect the identify or control of its criminal law sense weakened capacity or loss of papers to write .
ancient and modern criminal legislation and judicial practice, and also to note the physiological functions of the human loss, especially the loss of hearing ability and oral language skills that deaf their criminal capacity impact and criminal responsibility are reflected. The current provisions of Article 19 of the Penal Code: The ability of deaf and mute because of their physiological barriers to vital organs, may lead to cognitive ability or mean seriously affected, including their identification and control behavior, and mental state is different from ordinary people. Deaf and mute the implementation of the Criminal Code prohibits harmful behavior, constitute a crime should still be criminally liable, should be subjected to criminal punishment; but may be lighter, reduce or waive penalties, in line with the more contemporary legislation passage about a deaf and dumb criminal responsibility from The Punishment wide.
With the progress of the development of science and technology, education methods, not only for the deaf learning knowledge and understanding of the community, to improve the ability to identify and control to create the conditions, but also to create the conditions for the rehabilitation of the deaf, hearing loss After a to impose special education and speaking training, can already speak. Survey of the deaf and dumb crime rose sharply year by year in some regions of China. Some deaf mute crime fully utilize or deaf or dumb disadvantaged become strong intellectual level is difficult to say that a lower than normal level. Impact Xinjiang 26 deaf-mutes criminal gangs, living theft and the paramilitary management, able to fulfill the Some Western criminal law theorists deny deaf physical defects the viewpoints day mainstream determine the the responsibilities capacity factors, some of the country's criminal law is no longer deaf and mute the responsibility of the special provisions of the ability, turn to consider the deaf and dumb people Responsibility should be considered according to whether it is in a state of insanity or mind debilitating and distinction have to recognize or ability to control behavior - mind weak consumption, to determine its responsibility. Although modern deaf education made greater progress than in the past, but the deaf, the blind receive education and intellectual knowledge development level is still less than normal people to varying degrees. Deaf-mutes in the implementation of the crime, the identification or the ability to control their own behavior than normal people have varying degrees even greater degree of weakening. Responsibility ability incompleteness of its relatively light degree of criminal responsibility, and general behavior subjective vicious smaller Dangerousness. The
legal Abolishing the change can not be divorced from the national conditions, according to the conditions and the generally low level of education of deaf-mutes in the status quo of its responsibility ability to be special provisions. However, the special provisions of the criminal law is not the basis of responsibility ability psychological, biological standards, only biometric standards, seems similar to the old provisions of the criminal law on the criminal responsibility of mental patients, mental illness - absolutely no obligation ability, no mental illness - are fully responsible for the ability; non-deaf and mute - fully responsible for the ability, deaf and mute - to reduce the ability of responsibility. Some of deaf-mutes is no obligation on the ability of people not. Deaf, loss of hearing, language feel as long as it does not suffer from mental illness at the same time, their mental state is normal or nearly normal, namely the deaf and dumb not no person of criminal responsibility, the responsibility of the ability to cope with their own intentional or negligent implementation of harmful behavior criminally responsible for violating the criminal law. Purely biological criteria used, and no restrictive provisions based on the the deaf recognition and the ability to control state, such a provision is not in line with the principle of balance of crime, is bound to lead to law enforcement on the deviation, light vertical crime. Legislative defects can only be made up through the judicial, judicial practice should be on the from deaf extent identified to determine whether it belongs to the deaf and dumb,abercrombie and fitch paris, from the weakening of the ability to identify and control because of the deaf and dumb on, to grasp the magnitude of lenient punishment. In this way there is no breach of the principle of legality, but based on the accurate application of the specific terms and conditions, the correct understanding of the theory of responsibility ability guilt-punishment fit the requirements of the principles as well as the purpose of punishment.
, deaf to bear responsibility for a distinction should be made between different
why criminal law on deaf mute crime does not require must always lenient punishment? This is taking into account the deaf and dumb, the blind, the situation is extremely complex, and its responsibility for the degree of diminished capacity of the same, animate and the after birth due to illness and suffering, the ability to identify and control behavior, committed a number of offenses and the occasional crime. Some knowledge and a high level of intellectual development of the deaf and dumb, in fact, have complete responsibility for the ability of deaf crime, in particular, the nature of the crime of the perpetrator and the consequences could be very serious, subjective malignant big, longer applicable lenient punishment principle on both unreasonable and does not conform to the ideology of criminal law legislation. Thus the Penal Code provides that the crime can be deaf and mute lenient punishment, that is general to be lenient punishment, but should not lenient punishment, allowing a small number of complete responsibility deaf mute crime is a serious offense and requirements not lenient punishment, and to impose a penalty for ordinary people deserve the penalty finding the right given to the judge to determine. to consider is the perpetrator when the the
deaf and dumb perpetrator specifically decide whether lenient punishment, identify and control the ability to carry out criminal acts only when the deaf and dumb people to identify and control the behavior weakened the ability should be given a lighter to reduce or waive penalties. At the same time, according to the degree of diminished capacity to identify and control behavior, to determine the magnitude of the lenient punishment. Criminal law theory through that believe that the criminal responsibility of the perpetrators from harm behavior, able to understand the nature, consequences, and social and political significance of their own behavior, and the ability to control their own behavior, enabling implementation of the behavior of their ability to bear criminal responsibility . The core content of criminal responsibility to identify and control the ability of the perpetrator. Criminal Law is the reason why the provisions deaf and dumb for people with limited capacity,Nike Free Damen, because such a person identify the capacity and the ability to control with respect to the ordinary people who have weakened, also based on humanitarian considerations, but comparatively speaking, the former undoubtedly is a fundamental basis. The
involves both biological and psychological aspects of the criminal law of the spirit of the patient's capacity for criminal responsibility, full responsibility for capacity limitation of liability capacity and no obligation ability three kinds, the basis of the ability to judge the degree of. Same three abilities of the Department of Biological Standards, namely for the mentally ill, the difference between the three is the only standard in Psychology . Psychology standards, identify three acts, and the ability to control their own behavior was waning. The presence or absence of mental patients identify and control the behavior of the implementation of the act that endangers society, strong or weak, criminal law must go through the accreditation of legal procedures, but not clearly defined accreditation of legal procedures, but as the core content of the criminal capacity to identify and control capabilities, should still be the basis for criminal responsibility of the perpetrator alleviate.
| 
